Preparing list of assessors.
SEC. 153. Preparing list of assessors. — The judge, with the assistance of the governor of the province, and the clerk of the court, shall prepare a list of the residents of the province best fitted by education, natural ability, and reputation for probity, to sit as assessors in the trial of actions. Such lists shall contain not less than ten and not more than twenty-five names, and shall be retained in the office of the clerk. The name of any person may be stricken from the list, at any time, upon the order of the judge, upon his becoming satisfied that the name ought to be stricken out by reason of the death, permanent disability, or unfitness of the person named, and in case names are so stricken out, other names shall be added in their place, to be selected as in this section provided.
Rights of parties to have assessors, and manner of selecting them.
SEC. 154. Rights of parties to have assessors, and manner of selecting them. — Either party to an action may apply in writing to the judge for assessors to sit in the trial. Upon the filing of such application, the judge shall direct that assessors be provided, and that the parties forthwith appear before him for the selection of the assessors. The assessors shall be selected from the list provided for in the preceding section, and shall be selected in the following manner, in the presence of the judge or clerk: The plaintiff shall strike out from the list one name; then the defendant may strike out one name, and so, alternately, the parties shall strike out the names until but two remain on the list. The remaining two shall be the assessors to sit in the action; but if one or more of the two remaining are disqualified by law to sit as assessors, then the judge or clerk shall draw one name or more, as the case may be, by lot, from those stricken out, and the person or persons thus drawn shall act as assessors, unless disqualified by law, in which case the vacancy shall be filled by lot, as above provided.
Summoning assessors.
SEC. 155. Summoning assessors. — The persons so selected as assessors shall, under the seal of the court, be summoned to attend and serve as assessors in the action, and the summons for that purpose shall be served in the same manner as other writs of summons.
Failure of assessors to attend.
SEC. 156. Failure of assessors to attend. — If any person, summoned to act as assessor, fails, without lawful excuse, to attend at the trial, or at any adjournment thereof, or to continue to serve throughout the trial, he shall be liable, under a summary order of the court, to a fine not exceeding one hundred dollars.
Excusing assessors.
SEC. 157. Excusing assessors. — The court may, on reasonable cause shown, excuse from attendance generally, or in any particular case, any person summoned, or liable to be summoned, as assessor, and may, for like cause, discharge from attendance, in any particular case, any person who is acting assessor thereon.
Compensation of assessors.
SEC. 158. Compensation of assessors. — Each assessor shall receive a compensation of five pesos per day for the actual time by him employed in the trial of the action and in advising the judge as to the decision thereof, to be paid out of the provincial funds but to be taxed as costs against the defeated party.
Oath of assessors.
SEC. 159. Oath of assessors. — Before entering upon the performance of his duty, in any action, each assessor shall be sworn by the judge, or by the clerk of the court, to the faithful and honest performance of his duties as such assessor.
Duties of assessors.
SEC. 160. Duties of assessors. — The duties of assessors, when their aid is invoked as herein provided, shall be to sit with the judge upon the trial of an action and to advise him in the determination of all questions of fact involved therein; but the final responsibility for the decision must rest with the judge.
Effect of dissent of assessors.
SEC. 161. Effect of dissent of assessors. — If the two assessors shall both be of the opinion that the finding of facts and judgment in the action are wrong, they shall certify, in writing, their dissent therefrom and their reasons for such dissent, and sign such certification, which shall be filed with the other papers in the action. In case such dissent is filed, the Supreme Court, on appeal, may review the facts upon the evidence adduced in the Court of First Instance, and shall give to the dissent aforesaid such weight as in the opinion of the judges of the Supreme Court it is entitled to; and upon such review, shall render such judgment as they find just.
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
